Quick answer
When UK property is inherited, two different taxes can apply: (1) IHT is paid by the deceased’s estate (not the beneficiary) at 40% above the available NRB / RNRB — for property specifically, the home is always included at its open-market value less 10% sale costs and outstanding mortgage; (2) CGT is paid by the beneficiary if and when they later dispose of the inherited property — the CGT base cost is the date-of-death market value (the ‘CGT uplift on death’), so any pre-death capital gain is wiped out. If the beneficiary moves into the inherited property as their main residence and later sells, Private Residence Relief generally exempts the gain from CGT. If the beneficiary keeps it as a second home or rental, CGT applies on later sale at 24% (residential rate 2026/27) on the gain above the £3,000 annual exempt amount. From 6 April 2027 inherited pensions enter IHT scope. This guide explains UK IHT and CGT on inherited property in 2026 with worked examples.
Last reviewed: 24 May 2026 by the MP Estate Planning editorial team. Jurisdiction: England and Wales. Scotland and Northern Ireland have different probate and intestacy rules; the IHT thresholds are UK-wide.
Inheritance Tax and Capital Gains Tax on Inherited Property
Understanding inheritance tax and capital gains tax on inherited property in the UK is essential for anyone managing an estate. These two taxes can significantly impact the value of inherited assets, especially property. Without proper planning, families may find themselves facing unexpected tax bills during an already difficult time.
In this guide, we explain how both taxes work, who’s responsible, and most importantly—how you can reduce your tax liability through effective planning.
To get tailored advice for your situation, book a free consultation or visit our transparent pricing page.
What Is Inheritance Tax on Property?
Three rule changes you may need to consider (2026/27)
1. Pensions become subject to IHT from 6 April 2027. Most unused defined-contribution pension pots currently sit outside the estate for IHT — that ends on 6 April 2027 (gov.uk policy paper). HMRC estimates around 10,500 estates will face IHT for the first time as a result.
2. Business and agricultural property reliefs capped at £2.5m per person from 6 April 2026. Above the cap, only 50% relief applies — effective IHT of 20%. AIM shares dropped to 50% relief and do not use the £2.5m allowance (Saffery — APR/BPR reforms).
3. The NRB, RNRB and £2m taper threshold are frozen until 5 April 2031 following the 2024 and 2025 Budgets (gov.uk — NRB and RNRB freeze). With inflation, more estates will be pulled into IHT each year — a process commonly called “fiscal drag.”
Inheritance tax (IHT) is a tax applied to an estate when someone passes away. In the UK, the standard threshold is £325,000 (gov.uk — Inheritance Tax). If the value of the estate exceeds this amount, a 40% tax rate may apply to the excess. However, if the deceased leaves their home to children or grandchildren, an additional £175,000 (gov.uk — RNRB) “residence nil-rate band” can apply.
When property is the main or most valuable asset in an estate, inheritance tax can pose a significant challenge. Without early planning, family members may be forced to sell property just to pay the tax bill.
Who Pays Inheritance Tax?
Usually, the executor or administrator of the estate pays the inheritance tax before the assets are distributed. The funds may come from the estate itself or, in some cases, the beneficiaries. It’s critical to know this in advance and plan accordingly to avoid hardship.
How to Reduce Inheritance Tax on Property
There are several ways to reduce your inheritance tax liability:
- Gifting property early (7 years before death to qualify for full exemption)
- Placing property in a trust
- Using life insurance policies written in trust to cover the IHT bill
- Leaving property to a spouse or civil partner (IHT exempt)
Learn more on our Inheritance Tax Planning page.
Capital Gains Tax on Inherited Property Explained
Unlike inheritance tax, capital gains tax (CGT) is not due immediately when you inherit property. Instead, it’s charged when you sell the inherited property for a gain. The gain is calculated based on the difference between the property’s value at the time of inheritance and its value at the time of sale.
Do You Always Pay CGT on Inherited Property?
You only pay CGT if you make a profit from selling the property. If you decide to move into the property or keep it without selling, CGT doesn’t apply. If you do sell, there are ways to reduce your CGT bill:
- Deduct allowable expenses like solicitor or estate agent fees
- Use your annual CGT exemption (£6,000 for individuals in 2024/25)
- Transfer ownership to a spouse to utilise both exemptions
How Inheritance Tax and Capital Gains Tax Interact
Both taxes can apply to the same property—but not at the same time. Inheritance tax applies when the property is inherited, and capital gains tax applies when it is later sold.
This distinction matters. For example, if you inherit a property worth £500,000 and sell it five years later for £600,000, you may face CGT on the £100,000 gain (minus allowances). However, if the property was sold by the estate before distribution, CGT may be handled differently.
Combining effective inheritance tax and capital gains tax planning is vital for reducing the overall tax burden.
Strategies to Minimise Inheritance Tax and Capital Gains Tax
If your estate includes property, it’s important to understand how to protect its value for your beneficiaries. Here are effective strategies:
1. Set Up a Trust
Using a trust can help keep property out of your estate, reducing exposure to inheritance tax. Trusts can also help control how and when beneficiaries access assets, protecting the property from misuse, divorce, or creditors.
2. Gifting Property During Your Lifetime
If you gift property and live for at least 7 more years, the gift is generally IHT-free. However, CGT might still apply, so professional advice is essential.
3. Use Main Residence Relief
If the inherited property was your main home before selling, you may be eligible for Private Residence Relief, reducing or eliminating your CGT liability.
4. Get a Property Valuation
Having a professional valuation of the property at the time of inheritance is key to calculating any future capital gains accurately.
Common Scenarios and Examples
Let’s look at a typical scenario. John inherits his father’s house in 2023 valued at £400,000. He sells it in 2025 for £470,000. John pays CGT only on the £70,000 gain, after applying exemptions.
Now consider this: John’s father had an estate worth £700,000 and left it to John. The property qualified for both the standard nil-rate band (£325,000) and the residence nil-rate band (£175,000), totalling £500,000 outside the scope of IHT. John would owe IHT on the remaining £200,000, taxed at 40%—a £80,000 bill. Proper planning could have reduced this significantly.
When to Get Professional Help
Tax rules are complex and ever-changing. Working with a qualified estate planner ensures you get the most out of tax reliefs and avoid penalties. If you’re dealing with inheritance tax and capital gains tax on inherited property, expert guidance can make a big difference in what you keep vs what you lose to HMRC.
Book a free consultation today or explore our pricing plans to see how affordable expert estate advice can be.
Useful Resources
Conclusion
Inheritance tax and capital gains tax on inherited property are major considerations for anyone looking to preserve wealth. While these taxes can be complex, with smart planning and professional advice, they can be significantly reduced.
Don’t let unexpected tax bills catch your family off guard. Start planning today. Book your free consultation and take the first step toward securing your legacy.
When CGT Becomes Payable on Inherited Property: Timelines, Triggers and Trust Complications
One of the most frequently misunderstood aspects of inheriting property is when Capital Gains Tax liability actually arises — and how the decisions made during estate administration can materially affect the outcome. In our experience, the timing of a sale, the identity of the seller, and whether a property passes through a trust all influence the CGT position in ways that are rarely explained clearly on general information sites.
The Probate-to-Assent Timeline and Its CGT Consequences
When someone dies, the property in their estate is typically frozen in the hands of the executor until a grant of probate is obtained. The CGT base cost for the inherited property is generally probate value — the open market value at the date of death, sometimes referred to as the "death uplift". This means any gain that accrued during the deceased’s lifetime is typically wiped out for CGT purposes, though it may have formed part of the IHT calculation instead.
If the executor sells the property before it is assented (formally transferred) to a beneficiary, the sale is treated as a disposal by the estate. The executor may benefit from a limited CGT annual exempt amount during the administration period — currently available for up to three years following the date of death, subject to HMRC’s guidance in HMRC Capital Gains Manual CG30700. Gains above this amount are taxed at the residential property rates applicable at the time of disposal.
If the property is assented to a beneficiary first and that beneficiary then sells, the disposal is treated as the beneficiary’s own, and their personal CGT position applies — including their own annual exempt amount, income tax band, and any relief for periods of occupation. The base cost remains the probate value, so CGT is generally calculated on any increase in value between the date of death and the date of sale.
Post-October 2024 CGT Rates: Why This Matters Now
Following the Autumn 2024 Budget, CGT rates on residential property disposals are 18% for basic-rate taxpayers and 24% for higher-rate taxpayers. Competitors and general information sites still frequently cite the pre-Budget rates of 18% and 28% — if you have seen those figures quoted recently, they are outdated. The rate that applies depends on the beneficiary’s total taxable income in the year of disposal, which means the timing of a sale within a tax year can, in some cases, affect which rate applies. Our team would always recommend seeking advice from a regulated tax adviser before completing a disposal.
How Inherited Property Held in a Trust Is Taxed for CGT
Where property passes into a trust rather than directly to a beneficiary, the CGT treatment depends heavily on the type of trust involved.
With a bare trust, the beneficiary is treated as the absolute owner for tax purposes. CGT on any eventual disposal is therefore calculated as if the beneficiary held the property directly, using the probate value as the base cost. Bare trusts are relatively straightforward from a CGT perspective, though they offer limited flexibility in estate planning terms.
A discretionary trust is more complex. The trustees are the legal owners and, broadly speaking, they hold a distinct CGT annual exempt amount — currently half the individual allowance. Gains within a discretionary trust are taxed at the higher residential property rate. When property is subsequently appointed out of a discretionary trust to a beneficiary, this itself may constitute a chargeable disposal, potentially triggering a further CGT event depending on how the appointment is structured. HMRC provides technical guidance on trust CGT at HMRC Trusts, Settlements and Estates Manual TSEM1000. Given the layered complexity involved, anyone administering an estate that includes a trust holding residential property should generally obtain specialist advice before making any disposal decisions.
Common Questions About Inheritance Tax and Capital Gains Tax on Property
Do you pay Capital Gains Tax on inherited property?
Not at the point of inheritance itself. Inheriting a property is not a disposal for CGT purposes — CGT typically only becomes payable if and when you sell or otherwise dispose of the property and it has increased in value since the date of death. The base cost used to calculate any gain is generally the probate value, meaning gains accrued during the deceased’s lifetime are outside the scope of CGT for the beneficiary, even though they may have been subject to IHT within the estate.
How much Capital Gains Tax will I pay on inherited property?
The amount depends on your personal tax position in the year you sell. For residential property, the current rates are 18% for basic-rate taxpayers and 24% for higher-rate taxpayers, applying to the chargeable gain above your annual CGT exempt amount. The gain is broadly the difference between the probate value and the net sale proceeds. If you are close to the boundary between basic and higher rate, splitting the disposal across tax years may sometimes be worth considering — though this is not always commercially practical and you should take regulated tax advice before relying on it as a strategy.
Is Capital Gains Tax the same as Inheritance Tax?
No — they are entirely separate taxes with different triggers, rates and thresholds. Inheritance Tax is charged on the estate of the deceased at the point of death, broadly at 40% on the value above the £325,000 nil-rate band (frozen until April 2030) and the £175,000 Residence Nil-Rate Band where applicable. Capital Gains Tax is charged on the beneficiary when they later dispose of the inherited asset and a gain has arisen since the date of death. It is therefore possible — and relatively common — for a property to have been subject to IHT in the estate and then also generate a CGT liability when the beneficiary sells, if its value has risen during the administration period or after assent.
Is it better to keep or sell an inherited property?
There is no single answer — it depends on your financial position, the property’s income-generating potential, your CGT exposure, and your long-term plans. Keeping the property typically defers any CGT liability but may generate rental income taxable at income tax rates, and the property will generally form part of your own estate for IHT purposes on your death. Selling sooner may crystallise a smaller gain if values have not risen significantly since probate. In our experience, the decision is rarely purely financial and often involves practical and family considerations. We would generally recommend mapping out the tax consequences of both paths before deciding, ideally with input from a regulated tax adviser and, where the estate involves trusts or complex ownership structures, a solicitor.
How to avoid Inheritance Tax and Capital Gains Tax?
Complete avoidance of both taxes is rarely achievable and strategies marketed as guaranteeing this outcome should be treated with caution. Legitimate planning typically focuses on reducing exposure rather than elimination. For IHT, this may include making use of the £325,000 nil-rate band and £175,000 Residence Nil-Rate Band, lifetime gifting subject to the seven-year rule, and qualifying for reliefs such as Business Property Relief where applicable. For CGT, Main Residence Relief may apply if the beneficiary has lived in the property as their only or main home for part of their period of ownership. Using trusts, timing disposals carefully, and ensuring accurate probate valuations are all strategies that may reduce liability in the right circumstances. Our team can help you understand which options may be relevant to your situation before you seek regulated advice from a solicitor or tax adviser.

